Every year, elevator accidents cause devastating, preventable injuries. Houston property owners are legally responsible for ensuring their elevators are well maintained and safe to prevent injuries to customers, clients, and other guests on their property. If you are among the many victims of elevator accidents in Texas, you aren’t alone. You may be entitled to compensation from the party or parties whose negligence caused your injuries.
The personal injury attorneys at Ceja Law Firm have a proven track record of recovering millions of dollars of compensation for personal injury victims. We know how to hold property owners accountable for the injuries caused by their negligence. When you work with Ceja Law Firm, you can rest assured we will handle every aspect of your case so you can focus on your recovery.
Common Causes of Elevator Accidents
Most elevator accidents are caused by a lack of maintenance, negligent property owners, faulty installation, or faulty parts. Unfortunately, it only takes one mistake to cause a dangerous elevator accident, resulting in catastrophic injuries or death of innocent victims. Some of the most common causes of elevator accidents in Texas and throughout the United States include the following:
- The elevator door slams shut on a person due to a malfunction
- The elevator fails to land level with the floor, causing a trip hazard
- Electrocution due to failure to lock out or de-energize the elevator
- Failure of the speed governor resulted in the elevator shooting up or down or not stopping at all
- Collapsing elevator platforms or structures
- Failure of brakes, cables, or other safety systems caused the elevator car to fall and crash to the bottom of the elevator shaft
- Victims becoming trapped in an elevator car due to safety malfunctions
- Governor cable or hoist cable failure due to negligence maintenance
- Worn elevator brakes result in the elevator not stopping
- A victim becomes caught between an elevator’s moving parts
Sometimes, the elevator car may not be on the correct floor when the hoistway doors open. A victim may step out of the elevator into an open elevator shaft and fall. These types of fall accidents in elevator shafts almost always result in fatal injuries.
Proving Liability in Elevator Accident Cases
In Texas, victims of personal injury lawsuits generally need to file a claim against the liable party or parties within two years of the date of the accident, or their claim will be barred. To recover compensation for your injuries through an insurance claim or personal injury lawsuit, you will need to prove liability. Liability depends on what circumstances caused the elevator accident to occur. As elevators are complex pieces of machinery, several different parties may be liable.
Pursuing Compensation from the Property Owner
Property owners are legally responsible for keeping their premises reasonably safe for customers, consumers, guests, and other invitees. When a property owner fails to ensure his or her elevator is functioning safely and well-maintained, victims can hold the property owner liable for accidents. For example, if the property owner failed to hire an elevator expert to inspect and maintain their property routinely or knew of a danger related to their elevator and didn’t fix it, they can be held liable.
Pursuing Compensation from Elevator Manufacturers and Maintenance Companies
Similarly, when an elevator repair company engages in negligence when installing, inspecting, maintaining, or repairing elevators, they can be held liable for any resulting injuries. Suppose a property owner hired an elevator maintenance company, and the company failed to run a routine test.
If the company had run a diagnostic test, they would have learned that the brake parts needed to be replaced. If the elevator fails to brake properly, causing a victim’s death, the repair company can be held liable for a resulting accident. Similarly, parts manufacturers and distributors can be held liable when their defectively designed or dangerously manufactured parts cause an elevator accident.
What to Do If You Were Injured in a Work-Related Elevator Accident
If you have been injured in an elevator accident while on the job, you may be entitled to workers’ compensation for your medical expenses and a portion of your lost income. However, before you file a workers’ compensation claim, it’s important to discuss your case with an attorney.
When a third party is responsible for the elevator accident, you may have a valid personal injury claim for economic and non-economic damages. Pursuing a lawsuit may be more strategic because you may be able to recover significantly more compensation than through a workers’ compensation claim.
What Should I Do After an Elevator Accident?
The steps you take after being injured in an elevator accident can help or hurt your claim for compensation. The first step you should take is to see a doctor and follow through with your medical care. You should submit an accident or police report and take photos of the accident scene, if possible. Before you speak to insurance adjusters or defendants, it’s important to call an attorney who can advise you of your rights and protect your claim.
If you’ve lost your loved one in a fatal elevator accident, an attorney can help you understand your options. You may have a right to pursue compensation for your loved one’s medical expenses, lost income, funeral expenses, and other expenses through a wrongful death lawsuit.
Available Damages for Victims of Elevator Accidents
Elevator accident victims can pursue two types of damages: economic and non-economic damages. An attorney can help you understand the value of your case, which will depend on the types of injuries you have and other harm you’ve suffered. Economic damages compensate victims for the unexpected financial consequences of their injuries, such as expenses for:
- Hospitalizations
- Rehabilitation
- Surgery
- Lab work and medication
- Nursing care
- Lost wages, and
- Reduced earning capacity
Non-economic damages compensate victims for damages that aren’t easily quantifiable. Non-economic damages include the following:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Disfigurement
Discuss Your Case with an Elevator Accident Attorney in Houston
If you or your loved one have suffered an injury in an elevator accident, the knowledgeable attorneys at Ceja Law Firm are prepared to fight for you and your family. We will investigate your case, gather evidence, and begin pursuing the full and fair compensation you need and deserve. Victims of personal injury accidents have a limited amount of time to pursue compensation for their injuries. Don’t hesitate to contact Ceja Law Firm to schedule a complimentary, no-obligation case evaluation to learn more about your legal rights and options.
